LRBs0372/1
KP&EVM:wlj
2021 - 2022 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 3,
TO SENATE BILL 573
February 10, 2022 - Offered by Senator Cowles.
SB573-SSA3,1,4 1An Act to create 16.9565, 66.0440, 196.01 (5) (b) 8. and 196.93 of the statutes;
2relating to: allowing persons to charge fees for the use of electric vehicle
3charging facilities and the installation and operation of electric vehicle
4charging facilities by a state agency or a local governmental unit.
Analysis by the Legislative Reference Bureau
This bill allows a person to charge a fee to users who park an electric vehicle
near the person's charging facility. Under the bill, the fee charged for parking near
the charging facility must be a flat fee or be based on the amount of time the user is
parked near or connected to the facility, on the amount of electricity used, or on the
cost or rate charged to the person by the person's electric provider. The bill also
prohibits electric utilities and electric cooperatives from restricting customers from
charging a fee to users who park near or connect to the customers' charging facilities.
Additionally, the bill specifies that a person who owns, operates, manages, leases, or
controls a charging facility is not a public utility if the person does not otherwise
provide electricity to others for a fee.
The bill also prohibits a local governmental unit that does not operate an
electric utility from owning, operating, managing, leasing, or controlling a charging
facility, but a local governmental unit may authorize another person to own and
operate a charging facility available to the public on its property. Under the bill, a

municipal electric utility may own or operate a charging facility if no tax revenue
subsidizes the charging facility and if no revenue generated by the charging facility
is transferred to the general fund of the municipality that owns the municipal
electric utility. The bill also prohibits state agencies from owning, operating,
managing, or leasing charging facilities, but state agencies may own or operate
charging facilities that are used only for charging state agency vehicles.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB573-SSA3,1 1Section 1. 16.9565 of the statutes is created to read:
SB573-SSA3,2,2 216.9565 Electric vehicle charging facilities. (1) In this section:
SB573-SSA3,2,43 (a) “Charging facility” means electric vehicle charging equipment, including
4Level 1, Level 2, and fast charging equipment and analogous successor technologies.
SB573-SSA3,2,75 (b) “State agency” means an association, authority, board, department,
6commission, independent agency, institution, office, society, or other body in state
7government created or authorized to be created by the constitution or any law.
SB573-SSA3,2,8 8(2) No state agency may own, operate, manage, or lease a charging facility.
SB573-SSA3,2,11 9(3) Notwithstanding sub. (2), a state agency may own or operate a charging
10facility that is not available to the public if the sole purpose of the charging facility
11is charging vehicles owned or leased by a state agency.
SB573-SSA3,2 12Section 2. 66.0440 of the statutes is created to read:
SB573-SSA3,2,13 1366.0440 Electric vehicle charging facilities. (1) In this section:
SB573-SSA3,2,1514 (a) “Charging facility” means electric vehicle charging equipment, including
15Level 1, Level 2, and fast charging equipment and analogous successor technologies.
SB573-SSA3,2,1616 (b) “Local governmental unit” means any of the following:
SB573-SSA3,2,1717 1. A city, village, town, or county.
SB573-SSA3,2,1818 2. A school district.
SB573-SSA3,2,1919 3. A special purpose district in this state.
SB573-SSA3,3,1
14. An agency or corporation of an entity described in subd. 1. or 3.
SB573-SSA3,3,22 5. A combination or subunit of an entity described in this paragraph.
SB573-SSA3,3,33 (c) “Municipal utility” has the meaning given in s. 16.957 (1) (q).
SB573-SSA3,3,5 4(2) No local governmental unit may own, operate, manage, lease, or control a
5charging facility.
SB573-SSA3,3,9 6(3) Notwithstanding sub. (2), and subject to sub. (5), a local governmental unit
7may authorize an electric provider, as defined in s. 16.957 (1) (f), or a person described
8in s. 196.01 (5) (b) 8. to own and operate a charging facility that is available to the
9public on property owned by the local governmental unit.
SB573-SSA3,3,12 10(4) Notwithstanding sub. (2), a local governmental unit may own or operate a
11charging facility that is not available to the public if the sole purpose of the charging
12facility is charging vehicles owned or leased by a local governmental unit.
SB573-SSA3,3,15 13(5) Notwithstanding sub. (2), a municipal utility existing on the effective date
14of this subsection .... [LRB inserts date], may own and operate a charging facility that
15is available to the public if all of the following apply:
SB573-SSA3,3,1716 (a) The charging facility receives any approvals from the public service
17commission required under ch. 196.
SB573-SSA3,3,2318 (b) No tax revenue subsidizes, directly or indirectly, any costs associated with
19the charging facility. This paragraph does not prohibit a municipal utility from using
20grant money from this state that is distributed after approval by the joint committee
21on finance under s. 13.10 or the federal government to pay costs associated with
22constructing a charging facility if the purpose of the grant is to expand the
23availability of electric vehicle charging infrastructure.
SB573-SSA3,4,224 (c) Notwithstanding s. 66.0811 (2), no revenue generated by the charging
25facility is transferred to the general fund of the municipality that owns the municipal

1utility or otherwise directly or indirectly supplements any portion of the
2municipality's budget.
SB573-SSA3,3 3Section 3. 196.01 (5) (b) 8. of the statutes is created to read:
SB573-SSA3,4,74 196.01 (5) (b) 8. A person who owns, operates, manages, leases, or controls a
5charging facility, as defined in s. 196.93 (1) (a), that supplies electricity to a user of
6the charging facility exclusively for charging electric vehicles if all of the following
7apply:
SB573-SSA3,4,128 a. If the person charges a fee for parking near the charging facility, the fee is
9a flat fee, is based on the amount of time a user parks near or is connected to the
10charging facility, is based on the cost or rate charged to the person by the person's
11electric provider, as defined in s. 16.957 (1) (f), or is based on the amount of electricity
12the user consumes.
SB573-SSA3,4,1513 b. All of the electricity that a user receives by connecting to the person's
14charging facility is obtained from the electric provider, as defined in s. 16.957 (1) (f),
15serving the area in which the charging facility is located.
SB573-SSA3,4,1716 c. The person notifies the person's electric provider, as defined in s. 16.957 (1)
17(f), about the charging facility.
SB573-SSA3,4,1918 d. The person does not otherwise directly or indirectly provide electricity to the
19public for a fee.
SB573-SSA3,4 20Section 4. 196.93 of the statutes is created to read:
SB573-SSA3,4,21 21196.93 Electric vehicle charging facilities. (1) In this section:
SB573-SSA3,4,2322 (a) “Charging facility” means electric vehicle charging equipment, including
23Level 1, Level 2, and fast charging equipment and analogous successor technologies.
SB573-SSA3,4,2424 (b) “Electric provider” has the meaning given in s. 16.957 (1) (f).
SB573-SSA3,5,3
1(2) (a) An electric provider may not restrict a customer from charging a fee to
2users who park near or connect to the customer's charging facility if all of the
3following apply:
SB573-SSA3,5,74 1. The fee charged is a flat fee, is based on the amount of time a user parks near
5or is connected to the charging facility, is based on the cost or rate charged to the
6customer by the customer's electric provider, or is based on the amount of electricity
7the user consumes.
SB573-SSA3,5,108 2. All of the electricity that a user receives by connecting to the customer's
9charging facility is obtained from the electric provider serving the area in which the
10charging facility is located.
SB573-SSA3,5,1511 (b) This subsection does not apply to a charging facility that a customer
12purchases using a grant from an electric provider or that an electric provider
13partially or entirely owns. Incurring infrastructure or interconnection costs related
14to a charging facility does not confer any ownership of the charging facility to an
15electric provider.
SB573-SSA3,5,17 16(3) The commission shall enforce the prohibition under sub. (2) against electric
17utilities, as defined in s. 16.957 (1) (g).
SB573-SSA3,5 18Section 5. Nonstatutory provisions.
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